Shub Law Firm LLC is serving as settlement counsel for a subclass of Class Members in a settlement involving Harvey Weinstein.
The settlement’s two-tier claim structure allows class members to choose whether, and in how much detail, they want to share their stories:
Tier 1 Claims: Each Settlement Class Member has the option to submit a claim form online or via U.S. Mail, describing the claimant’s experience, the impact, and/or the damages the claimant suffered. If the claimant chooses, they can include documentation in support of the claim form. That claim form will be reviewed by a court-appointed Special Master or designee. Payments of $7,500 to $150,000 may be awarded based on the Special Master’s review and pro rata adjustments.
Tier 2 Claims: Alternatively, each Settlement Class Member may submit a claim form, supporting documentation, and submit to an interview by the Special Master regarding the class member’s experience and the impact of the events. Payments of $7,500 to $750,000 may be awarded based on the Special Master’s review and pro rata adjustments.
Notably, the settlement ensures the survivors will be compensated even though TWC and certain affiliates filed voluntary petitions for relief under Chapter 11 of the Bankruptcy Code in March 2018. Absent the settlement, any sexual misconduct claims against TWC would be compensated only after secured creditors were paid in full. Because sexual misconduct survivors are considered unsecured creditors, the plaintiffs would be lumped with the estimated $250 million in unsecured creditor claims already filed in the bankruptcy proceedings.
The United States District Court for the Southern District of New York will decide whether to grant preliminary approval of the settlement. If preliminarily approved, the Court will order that notice of the settlement be provided to the settlement class and will set deadlines for claims to be submitted or objections to be made to the settlement. The Court will then hold a fairness hearing to decide whether to grant final approval of the settlement.